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How can I correct health information about me?

Page contents: Do I have a right to correct health information about me? | Making a request | How will the organisation respond? | Will I be charged a fee? | What if I ask for the information to be corrected and they won’t do it, and putting my letter alongside the information doesn’t satisfy me?

The following information is about your rights under the Health Records Act.

Do I have a right to correct health information about me?

Yes.  If the organisation is a Victorian Government department or public sector organisation (such as a public hospital), then you can ask for amendment of your information under the Freedom of Information (FOI) Act.  Each Department and public sector organisation has an FOI Officer and you should contact that person for further information about making such a request.

If the information is held by a PRIVATE sector organisation

Yes. Health Privacy Principle 6.5 of the Health Records Act 2001 gives you, as a Victorian, a right to have your information corrected, if it is held by an organisation in the private sector, and if you can establish that it is inaccurate, incomplete or misleading or not-up-to-date.  

In addition you have a right as of 21 December 2001, under National Privacy Principle 6 of the Commonwealth Privacy Act 1988, to have your information corrected,  For more information about this right, contact the Federal Privacy Commissioner on 1300 363 992 (TTY: 1800 620 241) or visit the website at:  www.privacy.gov.au (external link)

Making a request

How do I make the request?

You can make your request for access orally or in writing to the organisation or person you believe holds health information about you.  You should approach or write to the particular service provider, or the privacy officer or person responsible for information management in the organisation.

If you make an oral request, the organisation that holds the information may ask you to put your request in writing (which may be a form to complete), which you should then do. 

The organisation may ask for some proof of your identity when making your request.

What if I’m making the request on behalf of somebody else?

If you are seeking to correct information on behalf of somebody else, because you are their authorised representative, or if you are the legal representative of a deceased person, then you must make your request in writing and provide evidence of your authority to act on another person’s behalf.

What do I put in my request?

In your request, you need to:

• state your name and, if not already known to the organisation, your address;
• identify the information that needs correction and explain, and provide proof, that the information is inaccurate, incomplete, misleading or not up-to-date, and what the correct information should be.

• agree to correct the information, and:
  • take reasonable steps to make the information accurate, complete and up-to-date; or
  • if there are reasons why the information cannot be altered, ensure that the incorrect information is not available to future health service providers;
• not agree to correct the information, but in this case they must put with the information you want corrected a written statement by you, if you choose to provide one, which outlines what you wanted corrected.

• if they are a health service provider, it is at least 7 years since they last provided you with a health service, or if you were last treated when you were a child (under 18), then you have reached 25 years of age;
• if they are not a health service provider, they no longer need the information for the purpose they collected it.